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Enercon GmbH v Enercon (India) Ltd

Eder J discharged an anti-suit and freezing injunction and stayed a claim for relief under s. 18 of the Arbitration Act 1996 (appointment of tribunal) pending the determination of an appeal in India that will determine, amongst other things, whether the seat of the arbitration was England or India. Eder J held, obiter, that, as a matter of English law, an arbitration agreement providing that the "venue" of arbitration proceedings was to be London amounted to the designation of London as the seat of the arbitration, notwithstanding the further provision in the arbitration agreement that "The provisions of the Indian Arbitration and Conciliation Act 1996 shall apply".

Philip Edey QC and Malcolm Jarvis acted for the Defendant